Limits On Sharing Account Number Information For Marketing Purposes

A licensee will not, directly or through an affiliate, disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer's policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing or other marketing through electronic mail to the consumer. (3-31-22) 403. -- 449. (RESERVED) 450. EXCEPTION TO OPT OUT REQUIREMENTS FOR DISCLOSURE OF NONPUBLIC PERSONAL FINANCIAL INFORMATION FOR SERVICE PROVIDERS AND JOINT MARKETING. 01. General Rule. (3-31-22) a. The opt out requirements in Sections 250, 251 and 400 do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee's behalf, if the licensee: (3-31-22) i. Provides the initial notice in accordance with Section 100; and (3-31-22) ii. Enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information, including use under an exception in Section 451 or 452 in the ordinary course of business to carry out those purposes. (3-31-22) IDAHO ADMINISTRATIVE CODE IDAPA 18.01.01 Department of Insurance Privacy of Consumer Financial Information Section 451 Page 14 451. EXCEPTIONS TO NOTICE AND OPT OUT REQUIREMENTS FOR DISCLOSURE OF NONPUBLIC PERSONAL FINANCIAL INFORMATION FOR PROCESSING AND SERVICING TRANSACTIONS. 01. Exceptions. The requirements for initial notice in Paragraph 100.01.b., the opt out in Sections 250, 251, and 400, and service providers and joint marketing in Section 450 do not apply if the licensee discloses nonpublic personal financial information as necessary to effect, administer or enforce a transaction that a consumer requests or authorizes, or in connection with: (3-31-22) a. Servicing or processing an insurance product or service that a consumer requests or authorizes; (3-31-22) b. Maintaining or servicing the consumer's account with a licensee, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity; (3-31-22) c. A proposed or actual securitization, secondary market sale (including sales of servicing rights) or similar transaction related to a transaction of the consumer; or (3-31-22) d. Reinsurance or stop loss or excess loss insurance. (3-31-22) 452. OTHER EXCEPTIONS TO NOTICE AND OPT OUT REQUIREMENTS FOR DISCLOSURE OF NONPUBLIC PERSONAL FINANCIAL INFORMATION. 01. Exceptions to Opt Out Requirements. The requirements for initial notice to consumers in Paragraph 100.01.b., the opt out in Sections 250, 251, and 400, and service providers and joint marketing in Section 450 do not apply when a licensee discloses nonpublic personal financial information: (3-31-22) a. With the consent or at the direction of the consumer; (3-31-22) b. To protect the confidentiality or security of a licensee's records pertaining to the consumer, service, product or transaction; (3-31-22) c. To protect against or prevent actual or potential fraud or unauthorized transactions; (3-31-22) d. For prescribed institutional risk control or for resolving consumer disputes or inquiries; (3-31-22) e. To persons holding a legal or beneficial interest relating to the consumer; or (3-31-22) f. To persons acting in a fiduciary or representative capacity on behalf of the consumer; (3-31-22) g. To provide information to insurance rate advisory organizations, guaranty funds or agencies, agencies rating a licensee, persons assessing the licensee's compliance with industry standards, and the licensee's attorneys, accountants and auditors; (3-31-22) h. To the extent specifically permitted or prescribed under other provisions of law and in accordance with the federal Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.), to law enforcement agencies (including the Federal Reserve Board, Office of the Comptroller of the Currency, Federal Deposit Insurance Corporation, Office of Thrift Supervision, National Credit Union Administration, the Securities and Exchange Commission, the Secretary of the Treasury, and the Federal Trade Commission), with respect to 31 U.S.C. Chapter 53, Subchapter II (Records and Reports on Monetary Instruments and Transactions) and 12 U.S.C. Chapter 21 (Financial Recordkeeping), a state insurance authority, self-regulatory organizations or for an investigation on a matter related to public safety; (3-31-22) i. To a consumer reporting agency in accordance with the federal Fair Credit Reporting Act (15 U.S.C. 1681 et seq.); or from a consumer report reported by a consumer reporting agency; (3-31-22) j. In connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a IDAHO ADMINISTRATIVE CODE IDAPA 18.01.01 Department of Insurance Privacy of Consumer Financial Information Section 501 Page 15 business or operating unit if the disclosure of nonpublic personal financial information concerns solely consumers of the business or unit; (3-31-22) k. To comply with federal, state or local laws, rules, and other applicable legal requirements; to comply with a properly authorized civil, criminal, or regulatory investigation, or subpoena or summons by federal, state or local authorities; or to respond to judicial process or government regulatory authorities having jurisdiction over a licensee for examination, compliance, or other purposes as authorized by law; (3-31-22) l. For purposes related to the replacement of a group benefit plan, a group health plan, a group welfare plan or a workers' compensation plan; or (3-31-22) m. With the consent of or at the direction of a liquidator or rehabilitator appointed pursuant to Chapter 33, Title 41, Idaho Code. (3-31-22) 453. -- 499. (RESERVED)